FAQ

Most common questions our clients have asked.

How will I pay Luxenburg & Levin, LLC to represent me in my lemon law case?

Thanks to the "fee-shifting provisions" of most consumer laws, you pay no attorney fees unless and until we earn a settlement for you! You pay us nothing while your case is ongoing. Our unique fee agreement encourages a prompt resolution to your case and ensures that we never get paid more than you do. In the highly unlikely event that you recover nothing, we do not earn a fee. This way, we have as much at stake in the case as you do.

Other lemon law lawyers say that the manufacturer must pay all of my attorneys' fees. Isn't that better for the consumer?

Some law firms claim that the manufacturer will pay all of your attorney fees, based upon the time they have billed to your file, no matter how long your case goes on. While that sounds good in theory, there is an important piece of information these firms don't tell you. Manufacturers almost always make settlement offers in one lump sum. The offers are very rarely broken down as to what will be paid to you and what will be paid to your attorney. The manufacturers recognize that you could recover your attorney fees but they don't care how much is paid to your lawyers and how much is paid to you. What if the manufacturer offers $8,000 to settle your case, but your attorney has $6,000 in time billed to your file, leaving only $2,000 to be paid to you? Your lawyers end up with a lot more money than you do. What if the manufacturer offers $5,000 to settle your lemon law case, but your attorney has $7,000 in time billed to your file? You may find yourself stuck going to trial on your case when you would rather settle. Our unique fee agreement encourages a prompt resolution to your case and ensures that we never get paid more than you do.

Do the state lemon laws only apply to cars?

Usually, the state lemon laws will cover anything defined under your state laws as a “motor vehicle.” This can include pick-up trucks, motorcycles, motor homes, recreational vehicles, all-terrain vehicles, four-wheelers and motorized scooters, so long as they are not used primarily for business or commercial purposes.

How do I know if I qualify for relief under the Lemon Law?

For a detailed discussion of this issue, click here. This determination is not always as simple as it may seem, as the qualifications vary from one state to another. However, if you meet any of the following criteria, there is a good chance that you may qualify under your state’s lemon law or under the Federal Magnuson-Moss Warranty Act: (1) your vehicle has been subject to three or more repairs for the same problem; (2) your vehicle has been out of service (in the shop for repairs) a total of 20 or more days; (3) your new vehicle has been subject to eight or more total repairs for any problems; and/or (4) your new vehicle has been subject to one failed repair attempt for a problem which could cause death or serious injury if the vehicle continues to be driven. To find out how we can help you with your lemon law problem, call us at (877) 846-1209 and speak to an experienced lemon law attorney, or fill out our form for a free lemon case review.

Does the Lemon Law apply to used vehicles?

Yes, under some circumstances. If you purchased a used vehicle which was still covered under the manufacturer’s warranty and you had repairs done under that warranty, you may qualify for relief under your state’s lemon law and/or the Federal Magnuson-Moss Warranty Act. To find out how we can help you with your lemon law problem, call us at (877) 846-1209 and speak to an experienced lemon law attorney, or fill out our form for a free lemon case review.

Does the Lemon Law apply to leased vehicles?

Absolutely! Your state’s lemon law and/or the Federal Magnuson-Moss Warranty Act offer the same protections to someone who is leasing a vehicle as to someone who purchased one. The fact that you leased your vehicle instead of buying it should not make a difference, as you are still the one who has the right to enforce the provisions of the manufacturer’s warranty.

Does the Lemon Law apply to any problems with my vehicle?

Usually, the problem must be one which substantially impairs the use, value, or safety of your vehicle. Obviously, this is open to interpretation. However, even if you do not think the problem with your vehicle rises to this level, you may still qualify for relief under the Federal Magnuson-Moss Warranty Act. To find out how we can help you with your lemon law problem, call us at (877) 846-1209 and speak to an experienced lemon law attorney, or fill out our form for a free lemon case review.

How long do I have to pursue a case under the Lemon Law?

This will depend upon the “statute of limitations” in your state. Generally, each state sets its own specific rules regarding how long you have to pursue different types of lawsuits. However, it is always in your best interest to pursue your case as soon as possible. We have seen time and time again that the more miles you have accrued on your car, the less the manufacturer may be willing to offer you to settle your case. So don’t delay, call us today at (877) 846-1209 to speak to an experienced lemon law attorney, or fill out our form for a free lemon case review.

What if the defects in my vehicle started after my state’s Lemon Law coverage period?

You may still qualify for relief under the Federal Magnuson-Moss Warranty Act, as long as repairs were done to your vehicle while it was still under warranty. Even if you think you do not qualify, we encourage you to call us for a free case review. You have nothing to lose by calling.

I bought my car or had it serviced in a different state from where I live. Does that matter?

Usually it will not, especially with the Magnuson-Moss Warranty Act, as that is a federal law which applies in every state in the country. Some state Lemon Laws limit coverage to vehicles which were purchased in that state. If your vehicle qualifies for Lemon Law relief but the case must be filed in a state where our firm does not practice, we will refer you to a competent, experienced attorney in that state to assist you.

My warranty is about to expire or already has expired. Can you still help me?

As long as you had repairs done pursuant to that warranty, you can still pursue a lemon law or breach of warranty claim after the warranty has expired. However, it is always in your best interest to pursue your case as soon as possible. We have seen time and time again that the more miles you have accrued on your car, the less the manufacturer may be willing to offer you to settle your case. So don’t delay, call us today at (877) 846-1209 to speak to an experienced lemon law attorney, or fill out our form for a free lemon case review.

Each time I had my car repaired, it was for a different problem. Can I still pursue a lemon law claim?

Some state’s laws allow you to qualify for lemon law relief even if you have never had the same problem repaired more than once. This varies from one state to another so again, to find out how we can help with your specific lemon law situation, call us today at (877) 846-1209 or fill out our form for a free lemon case review.

Does the Magnuson-Moss Warranty Act cover vehicles that were purchased used?

It can, as long as you received some sort of warranty from the manufacturer or the selling dealership. This can include used vehicles that are sold with the balance of the manufacturer’s warranty or with a warranty provided by the selling dealership.

What if I am having problems with a consumer product that is not a motor vehicle?

The Magnuson-Moss Warranty Act applies to any consumer product that is sold with a warranty and cost more than $10. We have also handled cases under the Magnuson-Moss Warranty Act involving defective travel trailers, campers, boats, personal watercraft (jet-skis), refrigerators, washer/dryer units, televisions and lawnmowers. As long as you received a warranty with the purchase of the product and had repairs done under the warranty, you could qualify for relief under the Magnuson-Moss Warranty Act. To find out how we can help you with your defective trailer, boat or other consumer product, call us at (877) 846-1209 and speak to an experienced lemon law attorney, or fill out our form for a free lemon case review.

Do these laws apply to commercial vehicles?

Like many legal questions, the short answer is “maybe.” It depends upon the type of vehicle and how you use it. Is it a vehicle which is normally intended for personal use or commercial use? If you own your own business and have your personal car registered in the business name, that is much different than owning a heavy-duty truck used to pull large trailers. However, even if your commercial vehicle does not fall within the boundaries of your state’s Lemon Law or the Magnuson-Moss Warranty Act, we may still be able to help you. As long as the vehicle was sold with a warranty, you may be able to pursue a breach of warranty case under your state’s version of the Uniform Commercial Code. If you have a valid claim, you may be able to recover expenses and lost profits incurred as a result of the defects in your vehicle. To find out how we can help you with your defective commercial vehicle, call us at (877) 846-1209 and speak to an experienced lemon law attorney, or fill out our form for a free lemon case review.

Wouldn’t it just be easier for me to contact the manufacturer of my vehicle and try to resolve my claims myself without hiring a lawyer?

Most of the time, this will just frustrate your further (beyond the frustration you have already endured with your defective vehicle). From the stories we have heard from many consumers who have attempted this, you will likely get nowhere.If you do get some sort of offer to resolve your claims, it will likely be far less than what you could recover with the assistance of an experienced Lemon Law lawyer on your side. Before you accept any such offer, you should contact us for a free case review. Chances are, we will be able to do much better for you than whatever the manufacturer is offering, if they are offering you anything.

What if I did not save copies of all of my repair records? How can I get them?

In this age of modern technology, nearly every dealership in the country maintains all of their repair records on computer. Your dealership should be able to provide you with copies of past repair orders for work done at their facility. In addition, most major manufacturers maintain computer databases of repair histories which can be accessed using your vehicle’s VIN (Vehicle Identification Number). If, for example, you own a Ford vehicle, any Ford dealership in the country should be able to pull up your vehicle’s repair history summary through this computer system and print you a copy.

The dealership keeps telling me they cannot duplicate the problem I am having with my vehicle. What can I do?

The nature of many automotive defects is that they are intermittent. In other words, you know something is wrong with your vehicle, but the condition does not happen all the time. You may have to drive it for a few hours or a few days to get the problem to recur again. Unfortunately, the manufacturers usually do not authorize their dealerships to perform repairs unless they can first duplicate a problem. For most dealerships, this means they will drive your car around the block a few times to see what happens without looking further for the possible source of the problem. Sometimes it is helpful to take the service advisor or manager for a ride in your vehicle so you can point out the problem. You may also want to try taking your car to another dealership. We also use experienced ASE-Certified Master Technicians as expert witnesses in many Lemon Law cases. These mechanics perform a much more detailed inspection to help us figure out what is wrong with your vehicle, even if the dealership cannot or will not do so.

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